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DEVAN M. DESAI
Hansraj Chandiram Bajaj S/o Late Kalawati – Appellant
Versus
Ahmedabad Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. initial outline of the case and parties involved. (Para 1 , 2 , 3) |
| 2. heirs' rights in ongoing litigation. (Para 4) |
| 3. court's rationale for dismissing applications. (Para 5 , 6) |
| 4. high court's power under articles 226 and 227. (Para 7 , 9) |
| 5. validation of lower court's decision. (Para 10) |
| 6. final dismissal of the petition. (Para 11) |
JUDGMENT :
1. Rule returnable forthwith. Learned advocate Mr. Rituraj M. Meena waives service of notice of Rule for the respondent No.1. Though served, none appeared for respondents No.2.1 to 2.3 and 3.
2. With the consent of the learned advocates for the respective parties, this matter was taken up for final hearing.
3. Heard learned advocate Mr. Anand B. Gogia for the petitioners and learned advocate Mr. Rituraj Meena for respondent No.1. Perused the record.
4. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 02.08.2021 passed by the learned City Civil Court, Ahmedabad in Civil Application No.4585 of 1991 below Exhibit 83 and 84. The petitioners before this Court are the heirs of the plaintiff No.1. Learned advocate for the petitioners submitted that parties to
The Court reinforces the necessity of clear documentation for establishing heirship in legal proceedings and underscores the high standard of judicial restraint exercised under Article 227.
High Court's exercise of Article 227 jurisdiction is limited to instances of patent perversity or gross failure of justice, not to correct mere errors of law.
The court established that the High Court's supervisory powers under Article 227 do not extend to correcting mere errors of law or fact, and that the rights claimed under an unprobated Will must be a....
The court established that the validity of claims based on an unprobated Will must be determined through judicial proceedings, and that the absence of probate does not automatically invalidate such c....
The main legal point established in the judgment is the interpretation of abatement of proceedings under Order XXII of the CPC and the liberal consideration of the prayer for setting aside the abatem....
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